Gill (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by the applicant. The dispute centred on whether the applicant had breached condition 8202(2)(a) of his visa, which requires the holder to be enrolled in a full-time registered course.

The Tribunal was required to determine if the applicant had indeed failed to comply with condition 8202(2)(a) by not being enrolled in a full-time registered course since 6 December 2018. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's personal circumstances and the legal consequences of such a cancellation.

The Tribunal found that the applicant had not been enrolled in a full-time registered course since 6 December 2018, thereby establishing a breach of condition 8202(2)(a). In considering the discretion to cancel, the Tribunal noted the applicant's submissions regarding family responsibilities and personal bereavement, as well as his stated desire to study and improve his future prospects. However, the Tribunal also considered the applicant's history of enrolling in multiple Bachelor of Business courses without completion and his inability to secure enrolment in a registered course. The Tribunal concluded that while the applicant would be subject to limitations on further visa applications in Australia under section 48 of the Migration Act 1958, he would still be able to apply for a Partner visa, thus not necessitating separation from his family. The Tribunal also addressed the applicant's new claim of fear of returning to India due to threats from a former fiancé's family, noting the absence of a Protection visa application or a claim of inability to obtain State protection in India.

The Tribunal affirmed the decision to cancel the applicant's Student visa.